Norton v. Derr et al
| Daniel Emerson Norton |
| Estella Derr, Dr. Kwon and Mr. Robl |
| 1:2022cv00109 |
| March 21, 2022 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER DISMISSING COMPLAINT, ECF NO. #1 , WITH PARTIAL LEAVE TO AMEND, AND DENYING MOTION FOR RECONSIDERATION OF COURT'S ORDER DENYING PLAINTIFF'S MOTION TO REQUEST AN EMERGENCY HEARING, ECF NO. #14 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/12/2022. (1) The Complaint, ECF No. 1, is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). (2) Norton may amend his pleading, however, by curing the deficiencies in his claims on or before June 13, 2022. (3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Norton may incur a strike under 28 U.S.C. 1915(g). (4) ALTERNATIVELY, Norton may voluntarily dismiss this action pursuant to FRCP 41(a)(1), and such a dismissal will not count as a strike under 28 U.S.C. 1915(g). (5) Norton's Motion for Reconsideration of Court's Order Denying Plaintiff's Motion to Request an Emergency Hearing, ECF No. 14, is DENIED without prejudice. (6) The Clerk is DIRECTED to send Norton a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (eta)COURT'S CERTIFICATE OF SERVICE - Daniel Emerson Norton has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 12, 2022. A blank prisoner civil rights complaint form has been included in the mailing to Plaintiff.
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Filing 14
Plaintiff's MOTION for Reconsideration of #9 Court's Order Denying Plaintiff's Motion to Request an Emergency Hearing - by Plaintiff Daniel Emerson Norton (Attachments: #1 Mailing Documentation)(eta)
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Filing 13
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #11 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/27/2022. (eta)
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COURT'S CERTIFICATE of Service - a copy of #13 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER has been served by First Class Mail to Daniel Emerson Norton at the address of record on April 27, 2022. Copies of the Order have been served by First Class Mail to the Federal Bureau of Prisons at 320 First St., NW, Washington, DC 20534, and FDC - Honolulu c/o Warden and Financial Office at P. O. Box 30547, Honolulu, HI 96820 on April 27, 2022. The Financial Department for the District of Hawaii received the order electronically on April 27, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta)
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Filing 12
Letter to Clerk from Daniel Emerson Norton Re: ECF No. #11 Application to Proceed In Forma Pauperis by a Prisoner, dated April 20, 2022. (eta)
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Filing 11
APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Daniel Emerson Norton (Attachments: #1 Mailing Documentation)(eta)
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Filing 10
CERTIFICATE OF SERVICE by Daniel Emerson Norton. (Attachments: #1 Mailing Documentation)(apg)
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Filing 9
EO: The Court received Plaintiff's "Motion to Request an Emergency Hearing" on April 13, 2022 [ECF No. 8]. On April 12, 2022, however, the Court issued an Order Denying Second Application to Proceed In Forma Pauperis by a Prisoner [ECF No. 7]. In the Order, the Court instructed Plaintiff to pay the filing fee or to submit a complete in forma pauperis application on or before May 12, 2022. Plaintiff's Motion [ECF No. 8] is therefore DENIED without prejudice. IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI)(shm)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 8
MOTION To Request An Emergency Hearing by Plaintiff Daniel Emerson Norton (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Mailing Envelope)(apg)
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COURT'S CERTIFICATE of Service - a copy of #8 Motion for Hearing has been served by First Class Mail to the addresses of record to: Daniel Emerson Norton. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg)
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Filing 7
ORDER DENYING SECOND APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #4 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/12/2022. Failure to pay the filing fee or submit a complete application on or before May 12, 2022, will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on any future filings until Norton pays the filing fee or is granted IFP status. The Clerk is DIRECTED to send Norton another Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. (eta)COURT'S CERTIFICATE OF SERVICE - Daniel Emerson Norton has been been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 12, 2022. An Application to Proceed In Forma Pauperis by a Prisoner and its instructions shall be included in the mailing to Plaintiff.
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Filing 6
Motion in Support of #1 Plaintiff's Prisoner Civil Rights Complaint per 28 U.S.C. 1331 - filed by Daniel Emerson Norton. (Attachments: #1 Mailing Documentation)(eta)
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Filing 5
Transmittal Letter from Daniel Emerson Norton re ECF No. #4 Application to Proceed In Forma Pauperis by a Prisoner, dated March 30, 2022, Inmate Request to Staff form and partial copy of ECF No. #3 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER. (eta)
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Filing 4
APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Daniel Emerson Norton (Attachments: #1 Mailing Documentation)(eta)
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Filing 3
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/23/2022. Failure to pay the filing fee or submit a complete application on or before April 22, 2022, will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on any future filings until Norton pays the filing fee or is granted IFP status. The Clerk is DIRECTED to send Norton an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. (eta)COURT'S CERTIFICATE OF SERVICE - Daniel Emerson Norton has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 23, 2022. An Application to Proceed In Forma Pauperis by a Prisoner and its instructions shall be included in the mailing to Plaintiff.
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Filing 2
APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Daniel Emerson Norton (eta)
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Filing 1
PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Daniel Emerson Norton. (Attachments: #1 Mailing Documentation)(eta)
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